Deferred Action for Childhood Arrivals Attorney

The attorneys at Commonwealth Law Group - Immigration Attorneys handle the new law for Deferred Action for Childhood Arrivals.

As a law office, we will take you step by step through the process to ensure that your case is filed correctly. Below we have included some Frequently Asked Questions to help you in deciding whether you may qualify.

What is Deferred Action?

Deferred action is a determination by Immigration (USCIS) to STOP a potential DEPORTATION of a person who is here UNDOCUMENTED, as an act of discretion by prosecutors of the United States.

We have encountered many people who are afraid of applying because they believe that immigration will find them and they will be deported. Do not be afraid to apply for this program. The Immigration Service, USCIS, states that you can apply to remain in the U.S. temporarily under this program “without fear of deportation.”

What is the new Presidential Executive Action?

As of the President’s November 20, 2014 press conference, the president expanded the rules for Deferred Action for Childhood Arrivals (DACA) program that will be effective in approximately 90 days. If you did not qualify previously, the expansion of the rules will apply to more individuals, without any capped age restrictions, as explained below:

Who can Apply?

Individuals born before to June 15, 1981, who meet all other DACA guidelines.

New changes

Allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction) provided they meet all other guidelines.

Requires continuous residence in the United States since January 1, 2010. This eliminates the old requirement of June 15, 2007.

Extends the deferred action period and employment authorization to three years from the current two years.

When is the new program in effect?

Approximately 90 days following the President’s November 20, 2014, announcement.

How do I qualify for DACA?

Were under the age of 31 as of June 15, 2013; (Executive action has changed this section- see above)

Came to the United States before reaching your 16th birthday;

Have continuously resided in the United States since June 15, 2007, up to the present time; (Executive action has changed this section- see above)

Were physically present in the United States on June 15, 2013, and at the time of making your request for consideration of deferred action with USCIS; (Executive action has eliminated this- see above)

Entered without inspection before June 15, 2013, or your lawful immigration status expired as of June 15, 2013; (Executive action has changed this section- see above)

Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

If I am approved, how long is my work permit good for?

Initially, DACA applicants were granted a work permit for 2 years, which is renewable after expiration.

Under the new presidential executive action, the work permits will be good for 3 years.

Why should I get an attorney to help me file?

Deferred action is a determination by Immigration (USCIS) to STOP a potential DEPORTATION of a person who is here UNDOCUMENTED, as an act of discretion by prosecutors of the United States.

Deferred action DOES NOT automatically make a person lawful in the United States, although later down the road you may be able to remain in the country through another avenue that may be available to you.

This is why you need an attorney before you apply, in order to guide through the process and provide for you the best way of gaining residency. It is not as simple as providing an application and proof, it is much more complex than what you have heard on TV or read on websites.

What happens if I get approved for Deferred Action, am I automatically legal?

No. Most people are misunderstanding this new law and it is why we can help you.

Even if a person whose case is "deferred" or approved under the new law, "deferred action" does not excuse individuals of any previous or subsequent periods of unlawful presence. This means that there may still be a penalty for being in the country illegally. Deferred Action is only temporary.

Under existing regulations, a person whose case has been deferred is eligible to receive employment authorization for the period of deferred action, provided he or she can demonstrate "an economic necessity for employment." HOWEVER, Immigration (USCIS) can terminate or renew deferred action at any time at the agency's discretion. Many people think that everything is over once they get approved, when it is not.

Does deferred action provide me with a path to permanent residence status or citizenship?

No. Deferred action is a form of discretion, not to remove you from the U.S. temporarily. It does not make you a lawful permanent resident status or a citizenship.

However, our office is very experienced in handling complex immigration cases. We will work directly with you throughout any of your approvals to assist you to eventually become a permanent resident. It will not be through Deferred Action, but possibly through other options you may have available to you right now.

Remember, you may have a way to gain permanent residency or citizenship RIGHT NOW, and you do not even know it. This is why it is so important to hire an experienced attorney to help you.

Joe Luna really helped us with an issue we had with Canada. Gave us sound advice and we really appreciated his helpfulness. Would highly recommend his practice.

-
Dana
C.
2/3/2017

RAB

Professional and Personable Consultation

Had a few questions regarding to visa and business structure, called in and they set up a appointment within 30 mins.
Connected with Mr. Jo over the phone and his insight on immigration laws are impeccable.
Will be staying in touch for future help and needs in the United States regarding to visa issues!
Thanks again!

A million Thanks to Commonwealth Law Group, in behalf of my wife and myself, in resolving my Immigration issues, now i can sleep well and put everything behind.
Once again a big thank you for your help
Sincerely
PROUD TO BE AN AMERICAN!

-
Edgar
P.
5/10/2016

RAB

Professional and honest Immigration Lawyers.

I had a very complicated immigration case and at times it looked like my dream of holding a Green Card was an impossible dream.
But the attorney team of CLG never gave up on my case and kept on pushing it forward. They know every immigration law in the book and they will fight for you until the issue is resolved.
Now I have my Green Card and I was able to visit my family for the first time in many years. Thank you, CLG team!

-
Katrina
B.
5/3/2016

RAB

Excellent job!

Best experience I've ever had by far. They really care about the situation your in and give great attention to the matter. Really put my faith in these guys and they delivered thank you guys!

-
Aldo
R.
10/5/2015

RAB

Citizenship

Everyone was very helpful, friendly and professional in handling my file.

-
Steve
S.
3/9/2015

RAB

My family is together thanks to Commonwealth Law Group!!

I contacted Commonwealth law group after my husband was deported. They immediately met with me and started working on my husband's case.I am extremely satisfied with there work they understood what me and my family was going thru and helped me in every way possible, needless to say we have been reunited my. Husband is home and we couldn't be happier thank you so much to the entire staff of Commonwealth Law Group

-
Raquel
R.
2/26/2015

RAB

DACA approved

I highly recommend this law group they never left me alone during my process of DACA ,they told me everything I need it since the beginning of my process answering every question I had about this process.

-
Elena
C.
2/26/2015

RAB

Permanent Resident Card

Found them after doing some researches online, me and my husband went here as soon as it was made legally possible for a gay couple to get married. I was born and raised in another country, but I was here in the States LEGALLY. They seemed knowledgeable on procedures and steps to take, our case was not complex as might some others could be. Every step we took was right, from the beginning to the final interview, except a really minor mistake when first filed the papers. Another minor thing I was not terribly happy about was their timing in answering when u had a question or something u might could have needed, but it seems reasonable when u also consider the amount of cases they had in that period. Services fees are on the high end, but you get what u pay for.

-
Eros
D
2/12/2015

RAB

I now have my Green Card!

I cant say enough about my attorneys. I had been to 2 different attorneys who messed up my case. It had taken about 7 years in trying to get my papers. So everyone was telling me that nothing could be done and basically I had to live without any protection until I was deported. So a friend recommended me to this office and they actually spent time learning my case before they even charged me. When they called me back and told me that they could help, I didnt believe it. But I had heard they were really good and so I went with this office. Right away they started working on my case and fixing what the other attorneys had done. Finaly, after a year with my new attorneys, they fixed everything and they got my green card!. I couddnt believe it and I started crying. My whole life I have been waiting for this moment. It was like my dreams had come true that day. I want to especially thank all of the workers at the office who helped with when I had questions. Thank you Thank Thank You

Please consult an attorney for advice about your individual situation. This site and its information is not legal advice, nor is it intended to be. Feel free to get in touch by electronic mail, letters, or phone calls. Contacting us does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information to us.